FEE SCHEDULE NEWS:

• Ambulance rates have been updated as of July 10, 2017. The next expected update is scheduled for July 2018.

REGULATORY ACTIVITY:

• Published in the state register notice of proposed changes to Rule 993-300 Certification Requirements for Interpreters for the Hearing Impaired.   Also posted were notices for five-year notice of review and statement of continuation for Rule 590-238 Captive insurance Companies; Labor Commission Administration Rule 600-2 Operations; Adjudication Rule 602-1 General Provisions; Adjudication Rule 602-2 Adjudication of Workers' Compensation and Occupational Disease Claims.
• Published in their bulletin notice of five-year review notice on two rules for workers' compensation.  The public notice of review was published for R982-601 Provider Code of Conduct and R994-404 Payment Following Workers' Compensation.

REGULATORY ACTIVITY:

• Reminder Utah has published bulletin 1-2017 regarding restorative Service Billing.

LEGISLATIVE ACTIONS:

• House Bill 90
  This enacted legislation authorizes commercial insurers, the state Medicaid program, workers’ compensation insurers, and public employee insurers to implement policies to minimize the risk of prescribing certain controlled substances. The enacted legislation defines terms; authorizes a health insurance policy, a health plan offered to state employees, the Medicaid program, and workers' compensation insurance to establish policies to minimize the risk of opioid addiction and overdose; applies to insurance plans entered into or renewed on or after July 1, 2017; requires a report to the Health and Human Services Interim Committee; and sunsets the requirement for prescribing policies on July 1, 2022.  Effective Date July 1, 2017.

REGULATORY ACTIVITY:

• Utah has published notice of intent to amend rule R590-248-4 Mandatory Fraud Reporting Process.  The proposed amendment would change the email address for reporting from mandatory reporting @utah.gov to fraud@utah.cov

LEGISLATIVE ACTIONS:

• Senate Bill 57
  The enacted legislation changes workers’ compensation related premium assessments. Effective Date: May 9, 2017.

• Senate Bill 58
  The enacted legislation changes the name of the Uniform Fraudulent Transfer Act to Uniform Voidable Transactions Act. It makes changes consistent with the 2014 version of the Uniform Fraudulent Transfer Act.  It modifies and defines terms; modifies provisions relating to the determination of insolvency; enacts provisions relating to the burden of proof; modifies provisions relating to the transfer and recovery of assets; enacts a governing law provision; addresses the bill’s applicability to a series of organization; enacts transitional language; addresses the applicability of the Relation to Electronic Signatures in Global and National Commerce Act and makes technical and conforming changes.  Effective Date:  May 9, 2017.

• Senate Bill 62
  The enacted legislation modifies the information required to be filed to obtain a workers’ compensation waiver. It modifies the circumstances under which a motor carrier may elect not to include an officer or director as an employee for the purposes of the Workers’ Compensation Act and the Utah Occupational Disease Act.  Effective Date May 9, 2017.

• Senate Bill 92
  The enacted bill: repeals the statute creating the Workers' Compensation Fund; removes statutory references to the Workers' Compensation Fund; addresses the obligation to write workers' compensation insurance and residual market mechanisms; provides for the Workers' Compensation Fund's transition to a mutual corporation; modifies membership on the workers' compensation advisory council; addresses methods to obtain workers' compensation insurance; amends the provision addressing penalty for failure to obtain workers' compensation; modifies the provision addressing exemptions for employees temporarily in state; addresses continuing education requirements for contractor licensees; and makes technical and conforming amendments. Effective Date:  December 31, 2017.

• Senate Bill 104
  The enacted legislation modifies provisions related to enforcement of administrative orders from within the Utah Labor Commission. The law provides that a district court may renew as a judgment of the district court certain final administrative orders related to wage claims and workers’ compensation claims. Effective Date May 9, 2017.

• Senate Bill 120
  The enacted legislation modifies the calculation of death benefits paid to one or more dependents of a deceased employee. Effective Date: May 9, 2017.

• Senate Bill 170
  The enacted legislation creates the Workers’ Compensation Workgroup; establishes the workgroup’s membership, chair and duties; addresses member compensation and requires the workgroup to present a final report. The workgroup will make recommendations on the following subjects: award of attorney fees, medical examinations by insurance carriers; general guideline for claims adjusters; medical panel utilization and consistency; dependent compensation; improving injured worker’s access to the Division of Industrial Accidents and other issues critical to the workers’ compensation system in Utah.  Effective Date:  May 9, 2017.

REGULATORY ACTIVITY:

• Utah has updated their Medical Care Rule by specifying actions an advanced practice registered nurse must take when prescribing Schedule II controlled substances for injured workers.

FEE SCHEDULE NEWS:

• The state adopted changes to their Physician fee schedule rates with an effective date of December 1, 2016. The next update is expected in December 2017.
• Ambulance rates have been updated as of July 1, 2016. The next expected update is scheduled for July 2017.

REGULATORY ACTIVITY:

• Utah has proposed a rule regarding nurse practitioners in regards to their duties in the workers’ compensation system.  The proposed rule was filed on 10/28/2016.  Comments must be submitted no later than December 15, 2016 by 5:00 P.M.

LEGISLATIVE ACTIONS:

• House Bill 230
  The enacted legislation modifies provisions related to the Workers’ Compensation Fund to address it board of directors.  It limits compensation for directors to an amount not to exceed the reasonable market rate for directors of similarly situated insurance carriers.  The enacted legislation modifies requirements for and restrictions on who can be a director.  The bill allows for the number of directors to increase by two under certain circumstances.  The legislation addresses terms, quorum and voting requirements if the board is increased to nine directors.  The bill makes technical and conforming amendments.  Effective Date May 10, 2016.
• House Bill 236
  This bill creates a program that allows certain pharmacies to accept and dispense donated unused prescription medications to certain individuals.  The bill amends the pharmacy practice act and defines terms.  The bill directs the Division of Occupational and Professional Licensing (DOPL) to make rules, in consultation with the Utah State Board of Pharmacy to create a charitable prescription drug recycling program.  The legislation establishes criteria for prescription drugs eligible for the program.  It establishes requirements for donors and pharmacies and limits the liability of program participants and drug manufacturers.  It directs the DOPL to make rules establishing certain requirements, standards, procedures and processes. Effective Date May 10, 2016.
• Senate Bill 76
  This enacted legislation defines terms.  The legislation provides that volunteers are not employees for purposes of workers’ compensation unless the nongovernment entity for which the volunteer provides services elects to cover the volunteer with workers’ compensation coverage.  The legislation clarifies the application of the exclusive remedy and provides how disability compensation is to be determined.  The legislation addresses how premiums are calculated.  Effective Date May 10, 2016.
• Senate Bill 127
  The legislation modifies provisions related to payment of workers’ compensation benefits.  It repeals language related to liability for extended benefits.  The legislation imposes time frames within which claims for reimbursement from the Employer’s Reinsurance Fund may be submitted. For reimbursement related to medical benefits or compensation paid on or before July 1, 2016 claims must be submitted by June 30, 2018.  For claim for benefits after July 1, 2016 the filing must be within 24 months of the date the benefits or compensation are paid or the date the Employers’ Reinsurance Fund is determined liable.  It also makes technical changes.  Effective Date May 10, 2016.
• Senate Bill 146
  The legislation modifies the language regarding an employee’s burden in establishing that an employee has a permanent and total disability.  Effective Date May 10, 2016.
• Senate Bill 216
  This legislation modifies provisions related to reimbursement of hospitals for certain services by establishing that in lieu of a contract the carrier shall pay eighty-five percent of billed covered charges.  The legislation requires a study regarding hospital cost be conducted by the workers’ compensation advisory committee.  Specifically it requires that the advisory council study how hospital costs may be reduced for purposes of medical benefits for workers’ compensation. The council shall report to the Business and Labor Interim Committee the council’s recommendations by no later than November 30, 2017.  The legislation establishes reasonable standards for hospital costs.  It addresses contracting with hospitals.  It prohibits balanced billing by hospitals and addresses coordination of benefits.  Effective Date May 10, 2016.